RE: [CPEO-MEF] New Mexicans challenge Luftwaffe

[CPEO Moderator <cpeo@cpeo.org>]

[This was posted by Wes Davis, SAF/PAM <Wes.Davis@pentagon.af.mil>]

Air Force Response to the Media Regarding Lee v. US, Challenge to 
Holloman Tornado Program

The hearing on May 1, 2000, before Judge Bruce D. Black, US District 
Court of New Mexico, was a continuation of the hearing on the 
plaintiffs' motion for a preliminary injunction which had been 
originally filed in late 1998. A preliminary injunction was not issued 
at the May 1 session in court, and that matter is still pending.  As a 
result, the construction schedule for the new target complex was not 
affected by the session in court on May 1.

Rather, the plaintiffs raised new issues for the court to consider, and 
the judge allowed them until May 8  to file  a third amended complaint 
in the action.  

The plaintiffs raised new questions about the  legal authority of the
agreement with the German Air Force to conduct training in the United
States.  The question on the table now is a matter of interpretation of 
various documents.  The judge allowed the parties to conduct whatever 
discovery, including depositions or affidavits, they feel is necessary 
to make their arguments on the plaintiffs' amended complaint.  

The Air Force continues to believe the Air Force and State Department 
have followed both the spirit and intent of the law in every aspect.


Wes
Wes Davis
Air Force Public Affairs, Environmental
Phone:  703-693-9091    DSN:  223-9091
Fax:  703-614-7486
e-mail:  wes.davis@pentagon.af.mil <mailto:wes.davis@pentagon.af.mil> 
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